Posted November 02, 2012
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You have a distribution deal for a product (or, more specifically, licensing rights for a game). Any update on that software must be delivered to any license owner. And as the distributors are actually the contractual partners of license owners (the buyers/us), the creator must provider the distributor either with the possibility of making that update or provide them themselves, so that the distributor is "unburdened" by any claim.
A patch is a fix for faulty software. ANY buyer of such software has the right to the fix. There is some grey area where new content or maintenance work begins(which is usually not covered by your license) and a fix ends. As games are not "procedural software applications", but "buy 'em and play them as they are" arguing that patching is maintenance not covered by the original license is pretty much pointless. (Hence nobody actually selling their patches).
The whole issue is that only because your have a right, it doesn't mean you are able to draw the benefits on it. It is quite common for companies to ignore such stuff until the last possible moment (Many, many companies don't go bankrupt because they are out of work, but because they didn't get paid on time. Especially virulent in contracting business). And some small distributor is not going to press charges against a publisher, as they will simply say "f'ck off" and withdraw from the store.